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California Gov & Administrative Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for California on
Q: Do I need to mention exemption status in a month-to-month lease addendum?

I signed a one-year lease with my tenant last year and recently discovered my duplex in LA County is exempt from CA State rent control (AB 1482), just cause eviction, and relocation assistance ordinances. These exemptions weren't included in the original lease as I was unaware of them. I plan... View More

0 Answers | Asked in Child Custody, Gov & Administrative Law and Family Law for California on
Q: Can CPS refuse further family checks due to delayed office visit?

The judge ordered a child warrant of the state due to a dispute between the parents, but CPS informed me they wouldn’t conduct any more checks beyond the first family member because I took an hour to bring my daughter to their office, which they considered an inconvenience. The family member... View More

0 Answers | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Impact of shortened hearing title on certificate of mailing validity under section 1013a(4) in California.

In California, the title on the certificate of mailing and the register of actions was shortened to 'hearing on motion for reconsideration to sus...' instead of the full 'Hearing on motion for reconsideration of order sustaining demurrer'. What impact, if any, does this have on... View More

0 Answers | Asked in Juvenile Law, Family Law and Gov & Administrative Law for California on
Q: Seeking advice on fighting for custody after CPS took my daughter; CPS denied my mother as guardian.

My daughter was taken by CPS on Friday following an incident on April 19, when I was arrested after a fight with her father. I have court on Wednesday at 8 am at the San Bernardino juvenile courthouse. CPS came for an interview after the incident and then served my daughter's father. I'm... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Civil Litigation for California on
Q: Can I amend a government negligence claim filed with a school to correct errors if the institution hasn't responded in 45 days?

I have been advocating for myself against a former educational institution due to several factors, and while doing so, learned about the statutes of limitations for filing certain claims, including a government negligence claim. I barely made the deadline for filing with an application for leave of... View More

James L. Arrasmith
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answered on May 10, 2025

Yes, you can amend your government negligence claim under specific circumstances. According to Government Code § 910.6(a), "A claim may be amended at any time before the expiration of the period designated in Section 911.2 or before final action thereon is taken by the board, whichever is... View More

1 Answer | Asked in Collections, Civil Litigation and Gov & Administrative Law for California on
Q: Due process violations in Iranian debt case evaluated with U.S. legal standards.

How would U.S. courts evaluate a debt enforcement case where:

1. A debtor provided documented proof of psychiatric hospitalization (3+ years) but was denied due process (judge absent at hearing, medical evidence ignored)?

2. The penalty increased from 12 million tomans to 87 million... View More

James L. Arrasmith
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answered on May 9, 2025

Under U.S. due process standards, the procedural irregularities you describe would be viewed as substantial violations warranting judicial remedy. When a judge is absent from hearings and documented medical evidence is disregarded, U.S. courts would likely find fundamental fairness has been... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I designate a ignored declaration for appeal record in CA civil case?

In a civil unlimited case in California Superior Court, my filing of a crucial declaration was ignored by the clerk without any explanation. Can I still designate this declaration as an additional attachment to the notice designating record on appeal along with the court transaction ID?

James L. Arrasmith
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answered on May 9, 2025

Yes, you can designate a declaration that was ignored by the clerk as part of your record on appeal in a California civil unlimited case. Under California Rules of Court, Rule 8.122 and 8.124, you may designate additional documents that were filed or lodged with the superior court for inclusion in... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Correcting errors in certificate of mailing in California civil case.

In a civil case in California, the certificate of mailing for a minute order reflecting a judgment lists the wrong defendant. A declaration regarding this mistake has been filed by the plaintiff. What is the proper procedure for court clerks to correct this error—should it be amended, corrected... View More

James L. Arrasmith
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answered on May 8, 2025

When a certificate of mailing for a minute order erroneously lists the wrong defendant in a California civil case, the proper procedure involves addressing this as a clerical error that requires correction to maintain the accuracy of court records.

The legal authority that governs...
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1 Answer | Asked in Child Support, Gov & Administrative Law and Family Law for California on
Q: How to address DCSS retroactive adjustment under Japanese law?

I had a Japanese family support order which was enforced in California from July 2021, running over 3 years, and replaced by California orders under a different case number after it expired last year. Despite Japanese law deeming overpayments voluntary without a court's decision, DCSS... View More

James L. Arrasmith
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answered on May 7, 2025

Your State Hearing presents a complex intersection of international family law, federal regulations, and administrative procedure. To effectively challenge DCSS's retroactive exchange rate recalculation and recovery of the alleged $30,000 overpayment, you must emphasize several key legal... View More

Q: How can I enforce remote hearing rights under Fam. Code §§ 5700.316 and 17404.3?

I need assistance to compel compliance with Family Code §§ 5700.316 and 17404.3, which require that I be allowed to attend hearings remotely in a Title IV-D child support enforcement action in California. Currently residing in Japan with my children, I have been ordered to appear in person if... View More

James L. Arrasmith
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answered on May 7, 2025

Your situation presents a clear case for seeking mandamus relief to enforce your statutory right to remote hearings. Based on my research, Family Code §§ 5700.316 and 17404.3 explicitly mandate that remote hearings "shall be permitted" in child support cases where the local child... View More

Q: Guidance needed for medical license renewal following dismissal from fellowship due to disciplinary action in California.

I was dismissed from a cardiology fellowship program due to disciplinary action involving specific allegations. The program did not file an 805 report but informed the Medical Board of California through a PTA-PTB form. No action has been taken by the board so far. As I prepare to renew my medical... View More

Joel Gary Selik
Joel Gary Selik
answered on May 7, 2025

This is a very serious matter. There are attorneys who concentrate their practice on the representation of medical professionals. It is imperative that you speak to these attorneys.

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Personal Injury for California on
Q: Address issues with housing program and Gardena PD after seizure and hospitalization in California.

My family member was moved to a new housing program in Hawthorne, CA by his case worker without notice. The staff at the new program are unaware of his medical conditions, including epilepsy, seizures, and diabetes, thus he isn't receiving necessary care. Two weeks ago, he had a seizure at... View More

James L. Arrasmith
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answered on May 7, 2025

You have multiple viable legal avenues to address the troubling circumstances your family member has experienced. Regarding the housing program, immediately submit a formal written complaint to the program director and the overseeing agency (likely the Los Angeles County Department of Mental Health... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for California on
Q: Can I sue code enforcement for expenses after receiving permits suggesting I could rent a red-tagged house?

I received permits and inspection papers from code enforcement suggesting that I could rent a house that was red-tagged. Based on their guidance, I proceeded to clean up the property, which involved significant expenses, including $2,000 for trash hauling, $500 for water, $1,400 for cleaning... View More

James L. Arrasmith
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answered on May 7, 2025

You may have potential grounds to sue code enforcement under the California Tort Claims Act, but must follow strict procedural requirements. Before suing any government entity in California, you must first file a claim meeting the requirements of the California Tort Claims Act within the legally... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for California on
Q: Is a batterers program required without DV convictions?

I live in Utah, and my husband has a domestic violence restraining order against him from California, involving his first two children. The order was issued 6 years ago based on allegations from his ex-wife, but there are no prior police reports or domestic violence convictions. He fully complied... View More

James L. Arrasmith
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answered on May 7, 2025

Under California law, judges have substantial discretion when issuing restraining orders, including the authority to require batterers intervention programs even without a criminal conviction. Restrained persons can be ordered to attend batterer's intervention courses that last fifty-two weeks... View More

2 Answers | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Received a subpoena, unsure about the case or involvement.

I just received a subpoena via mail from the court, but I have no idea about the case or my involvement. The subpoena does not specify any documents to produce or actions to take, and this is the first I'm hearing about it. I am required to respond by May 14, 2025. What should I do next?

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 5, 2025

Contact an experienced civil litigation attorney right away to evaluate your response options.

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1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for California on
Q: Can I terminate a lease for safety concerns in LA County, CA?

I am the owner of a duplex and consented to my tenant installing a ceiling light before moving in, expecting a standard fixture. Recently, I discovered the light is large and fancy, with wiring across the ceiling, posing a fire hazard due to inadequate voltage support, as verified by a contractor.... View More

James L. Arrasmith
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answered on May 7, 2025

Your concern about the potentially hazardous light fixture is valid, and California law gives you options to address safety issues. You can issue a written notice to the tenant explaining the fire hazard and requesting removal of the fixture within a reasonable timeframe (typically 3-30 days... View More

Q: What controls exist to prevent improper attorney practices in civil unlimited cases in California?

As a pro se litigant in a civil unlimited case in California, I want to understand what controls, beyond lawyer sanctions, exist to prevent and forbid attorneys from consistently using improper methods. Specifically, I'm concerned about citing irrelevant authorities, misconstruing and... View More

Joel Gary Selik
Joel Gary Selik
answered on May 4, 2025

Your best, and truly only way to address this is in your oppositions. In other words, use the improper arguments and citations against them. Point out these points in your briefs.

There is the possibility of a bar complaint. But that is not an effective way to stop the behavior. And...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for California on
Q: Is a Writ of Execution without a court stamp in the upper right box valid for tenant eviction in California?

As a landlord, I have received a Writ of Execution from my eviction lawyer to submit to the sheriff for the eviction of a tenant. The writ has an electronic court seal and the electronic name of the clerk at the bottom, but the upper right box, where a court stamp might normally appear, is blank.... View More

Robert Kane
Robert Kane
answered on May 4, 2025

I am sure the police will give you the assurance you seek when you mention to them.

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Q: How can we sue LA County for negligence in the Eaton fire response?

I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on May 4, 2025

You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much... View More

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1 Answer | Asked in Business Formation, Gov & Administrative Law and Business Law for California on
Q: Naming a nursing corporation in California: guidelines and regulations?

I am planning to form a nursing corporation in California and intend to use the phrase "nursing" in the business name. Are there specific regulations or guidelines from the California Board of Nursing that I need to follow regarding the naming of my corporation? Also, are there any... View More

James L. Arrasmith
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answered on May 7, 2025

When naming your nursing corporation in California, you must follow specific requirements established by state regulations. The name of your nursing corporation must contain the words "nursing" or "registered nursing," along with wording or abbreviations that indicate corporate... View More

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